Jersey Unreported Judgments

2000/81

3 pages

ROYAL COURT

(Samedi Division)

 

12^th May, 2000

 

Before:    Mrs. J.G.B. Myles, Lieutenant Bailiff, and

                 Jurats Querée and Bullen.

 

 

The Attorney General

 

-v-

 

Pedro Miguel Lopes

 

 

Count of    being  knowingly concerned in the fraudulent evasion of the prohibition of the importation of a controlled drug, contrary to

                  Article 77(b) of the Customs & Excise (General Provisions) (Jersey) Law 1972.

                  Count 1: cannabis resin                                             

 

Age:    24

 

Plea:    Guilty

 

Details of Offence:

 

The defendant was stopped by Customs Officers at the Airport.  Two blocks of cannabis resin weighing a total of 235.39 grams, ( street value £1,327.00) found in the defendant's luggage.

 

Details of Mitigation:

 

Plea of guilty but the defendant was caught red-handed.  Co-operation with the Police.  Relative youth.  Although a large quantity of cannabis resin, no evidence to suggest that the drugs were other than for personal use.  Defendant voluntarily attending Alcohol and Drug Service.

 

Previous Convictions:     None.

 

Conclusions:       15 months'  imprisonment.

 

Starting point 18 months, in view of starting  point of 12 months referred to in Clark.  No exceptional circumstances.

15 months imprisonment.

                                                                                                   

Sentence & Observations of Court:   1 year probation order; 180 hours community service to be completed within 12 months; to attend Alcohol and Drugs Service and to submit urine tests at their discretion.

                                                        Court felt that because the drugs were for personal use, and there was no evidence to suggest any dealing,  and because the defendant was voluntarily attending the Alcohol and Drugs Services, a community based sentence was appropriate.

                                         

                                         

                                          D.E. Le Cornu, Esq., Crown Advocate

                                             Advocate D. Gilbert for the Accused.

 

 

 

JUDGMENT

 

 

 

 

 

 

 

THE LIEUTENANT BAILIFF:

 

1.    Pedro Miguel Lopes is facing one charge of importation of cannabis consisting of two blocks of resin totalling 235 grams in all, and an insignificant amount of herbal cannabis.   The street value was £1,327 here in Jersey, the wholesale £996, but Lopes bought this quantity of cannabis in Lisbon for about one tenth of that price.

 

2.    Crown Advocate Le Cornu for the Prosecution has accepted that this quantity was, nevertheless, all for Lopes' personal use.   There was no evidence of any kind to suggest dealing in drugs.  At the same time Lopes admitted he knew that importation of cannabis  was illegal.

 

3.    Mr. Le Cornu has referred us to the cases of A.G. -v- McAteer (17^th May, 1996) Jersey Unreported, A.G. -v- Owens (13^th May, 1996) Jersey Unreported and A.G. -v- Clarke (26^th September, 1997) Jersey Unreported, and we have taken note of the passages he quoted.   Basing his submissions on the case of A.G. -v- Clarke he asks for a starting point of 18 months, allowing some mitigation for a guilty plea which was somewhat inevitable, the age of Lopes - only 24 - and a previously clean record, plus the fact that he was co-operative when possible.  He asks us for a sentence of 15 months' imprisonment.

 

4.    Advocate Gilbert has strongly urged upon us that there are circumstances which would make a non-custodial sentence appropriate.  In particular his voluntary attendance at the Alcohol and Drugs Service and acceptance of the treatment offered which has resulted in his being drug free since his arrest.  

 

5.    We have read and noted all that was said in the social enquiry report.  The Court has been persuaded by the forceful argument of his actions since his arrest and this gives us confidence that a community-based sentence would be appropriate and beneficial to Mr. Lopes.

 

6.    Now Lopes, although simple possession of cannabis for one's own use may seem to be the norm in Lisbon, you have now learned that it is definitely not so in Jersey.   Had any evidence of supplying come to light a custodial sentence would have been inevitable but as a result of all the various factors put before us, in your favour largely, we are going to place you on probation for one year and during that time you will complete 180 hours of community service.   You will be under the supervision of a probation officer throughout that period, and you will attend the Drugs and Alcohol Service as directed by that service with regular urine testing  There will be an Order for the forfeiture and destruction of the drugs.

 

 

 

Authorities

A.G. -v- McAteer (17^th May, 1996) Jersey Unreported.

A.G. -v- Owens (13^th May, 1996) Jersey Unreported.

A.G. -v- Clarke (26^th September, 1997) Jersey Unreported.

Wood -v- A.G. (1994) JLR No.15 C.of A.

Gregory -v- A.G. (15^th January, 1997) Jersey Unreported C.of A.

A.G.-v-Wakeling (1996) JLR N.19.